Pedestrian accidents occur on a road and involve a motor vehicle and a pedestrian. These accidents often involve serious injuries. A car traveling at 10 mph is sufficient to make a vehicle dangerous to a pedestrian who is afforded no bodily protection. However, even if a motor vehicle driver hits a pedestrian and there are no apparent injuries at the time of the accident, a pedestrian’s minor scrapes or bruises will warrant an emergency room visit. If you are a pedestrian and have been hit by a car, the most important first step is to call 911 and seek medical attention. After you have taken care of yourself, you probably want to seek out information about your rights.
What does the law in Florida state about pedestrians at crosswalks?
The at-fault party is liable for any damages that occur as a result of a pedestrian accident at a crosswalk. Because crosswalks are spaces on the road designated for pedestrians, drivers who hit a pedestrian in these safe areas are often found to be at fault for the accident. Drivers have a legal obligation to remain aware of their surroundings, including whether or not a pedestrian is walking in a crosswalk.
However, pedestrians must still obey traffic laws. For example, a pedestrian is required to follow the instructions of a crosswalk device at an intersection when they are attempting to cross the street. Pedestrians are also expected to not suddenly leave a curb or sidewalk and then enter into the path of a vehicle, i.e. outside of a crosswalk, for example.
Likewise, drivers must follow the traffic control signals and slow down at a yellow light and stop their vehicle at a red light. If signage at a crosswalk indicates that the driver must stop, i.e. a stop sign, the driver must stop the vehicle. When a pedestrian is crossing the road at a marked or unmarked crosswalk, the driver must remain stopped until the pedestrian has crossed the half of the road where the vehicle is stopped at.
If there are no signs or traffic signals to indicate whether a vehicle should stop or not at a crosswalk, the driver must yield the right-of-way to the pedestrian. Additionally, if a pedestrian is crossing the road without a crosswalk, the pedestrian must yield the right-of-way to vehicles.
Drivers who hit a pedestrian at a crosswalk may face penalties such as driving sanctions, traffic citations, a personal injury lawsuit from the injured party, and in some cases, criminal charges.
While laws help define what a pedestrian and driver can and cannot do at a crosswalk, pedestrian accidents may still involve complex situations and details may be ever so important in determining who is at fault and liable for the accident. This is also why it is critical for the authorities who arrive on the scene to obtain the facts about how the accident happened.
Who will pay for my injuries if a car hits me at a crosswalk?
If a pedestrian was struck by a vehicle while lawfully walking in a designated crosswalk, the driver will most likely be found at fault for the accident. A driver who is at fault for a pedestrian accident in Florida may be sued so that the injured party can recover compensation for their damages, such as lost wages, medical expenses, and pain and suffering.
In Florida, typically, an at-fault’s driver’s car insurance company will pay for the damages that accrued as a result of a pedestrian accident, but what the insurance company pays for depends on the driver’s policy and its limits. If you were hit at a crosswalk by a vehicle, you have up to four years to file a lawsuit against the at-fault party or two years in the event that you need to file a wrongful death lawsuit.
Why Choose Clayton Trial Lawyers to represent you after a pedestrian accident?
Clayton Trial Lawyers, LP is committed to representing your best interests when you are hurt and most vulnerable. We promise to be your trusted advisor. We will listen closely to your story. We will bring compassion, legal knowledge, resources, and expertise to your case. We will work around the clock to provide you with compassionate legal counsel to make sure that you recover the maximum compensation available after an injury. We know that finding the right personal injury attorney and law firm is important. We are different than other firms. We pride ourselves on providing you with individual attention, guidance, and care. We are proud to stand up for the rights of our clients in the face of powerful adversaries. We are privileged to represent you and will stand by your side. Contact us today.